General terms and conditions of sale and delivery
§ 1 Validity
(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Delivery. These are an integral part of all contracts that we conclude with our customers (hereinafter referred to as "Customer" or "Buyer") for the goods offered by us.
(2) Our sales staff are not authorized to make verbal agreements with the customer by which these General Terms and Conditions of Sale are amended or supplemented.
§ 2 Composition
(1) The "Dornbracht ReCrafted" products offered in our web store are used Dornbracht fittings that have been reconditioned as part of a remanufacturing process.
§ 3 Offer, order process, conclusion of contract and language
(1) Offers and price quotations contained in brochures, advertisements and other advertising material are subject to change and non-binding.
(2) To order an item, please proceed as follows.
a) Please select the item(s) you would like to order and add your items to your shopping cart.
b) To order your items, please open the "Your cart" window and check if everything is entered correctly. You can make corrections at any time by deleting goods or adding other goods.
c) Afterwards, please call up the "Check out" window and enter your billing address and any different delivery address; the details marked with an asterisk are mandatory fields that we need in order to process your order. Please also indicate which of the payment methods we offer you choose.
d) Afterwards please confirm your order by clicking on the "Buy now" button. Thus, the offer of your order is submitted.
e) You will immediately receive a confirmation from us that we have received your offer; as soon as you receive an indication from us whether and when we can probably ship your items, we have accepted your offer.
(3) The customer is bound to an order placed by him for 14 calendar days. We are entitled to accept the offer within this period. The time at which our acceptance is received by the customer shall be decisive for compliance with the deadline. The sending of the ordered goods shall also be deemed as acceptance.
(4) Contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online store. If the customer places the order via our German-language website, the German version of these General Terms and Conditions shall accordingly be exclusively authoritative. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply. English terms to which the corresponding German terms are attached shall always have the meaning of the respective German term.
§ 4 Prices and payment
(1) All prices include the statutory value-added tax
(2) Unless otherwise expressly agreed in writing, our prices shall apply to shipment ex our warehouse; for postage and packaging we shall charge the amount calculated at the time of the order.
(3) Payments can only be made by bank transfer to a bank account specified by us. Technical staff, drivers and service employees in the field are not authorized to collect payments.
(4) The customer may only offset his own claims against our claims or retain services owed by him if his counterclaims are undisputed or have been legally established or are based on the same contractual relationship.
§ 5 Delivery and delivery time
(1) Unless a fixed period or date has been agreed in writing, our deliveries and services shall be made within a period of two weeks.
(2) Should we fail to meet an agreed delivery date, the Buyer shall grant us a reasonable grace period, which shall in no case be less than two weeks.
§ 6 Shipping
(1) The delivery of the goods is carried out by shipment in our business premises or in our warehouse.
(2) The shipping costs are to be covered by the buyer, they include the costs of a transport insurance taken out by us.
§ 7 Warranty and liability
(1) In the event of defects in the delivered goods, the Buyer shall be entitled to the statutory rights, unless otherwise provided for in paragraphs 2 to 4 for claims for damages.
(2) Claims for damages by the buyer due to obvious material defects of the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
(3) Our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.
(4) The above limitation of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 8 Warranty
(1) As for our new goods, we provide our customers with a warranty of 5 years from the date of receipt of the goods, regardless of the statutory warranty, if the conditions of the further paragraphs are met.
(2) The customer proves the date of purchase by a proof of purchase and reports the defect within two months after it is first detected or should have been detected.
(3) The warranty is excluded:
a) If the customer does not have the goods installed by a skilled craftsman. A skilled craftsman is any natural person who has successfully completed training as a plant mechanic for sanitary, heating and air-conditioning technology and who carries out the fitting commercially, for a specialist company entered in the plumber's register of a water supply company.
b) If the customer is an entrepreneur or uses the goods for business purposes.
c) If the assembly instructions, cleaning and care instructions have not been followed.
d) If the water inlet pipes were not properly flushed before product installation or after construction work.
e) If they are wearing parts.
f) When consumables, such as batteries, filters or aerators, are involved.
g) If there are minor deviations of the Dornbracht products from the target condition, which have no influence on the utility value of the product.
h) When it comes to dirt deposits, water hammer, especially hot water hammer, limescale deposits, operating and handling errors, damage caused by aggressive environmental influences, chemicals, cleaning agents.
i) If there are defects in the product caused by installation, transportation and trial operation of the purchased item.
j) When the product is installed in environments with high chlorine content, such as swimming pools.
k) If it is product damage caused by the seller, installer or third parties.
l) If the damage is due to normal wear and tear or intentional damage.
m) If the damage is due to force majeure or natural disasters, including but not limited to floods, fires or frost damage.
(4) Claims for compensation for consequential damage or from product liability exist only in accordance with the mandatory statutory provisions.
(5) Any contributory negligence on the part of the customer shall be taken into account.
(6) The exclusions of § 7 (2) to (4) shall apply mutatis mutandis to the warranty claims.
(7) For more information about the warranty, visit www.dornbracht.com/warranty.
§ 9 Reservation of proprietary rights
We retain ownership of the delivered goods until the purchase price for these goods has been paid in total.
§ 10 Applicable law and place of jurisdiction
(1) The purchase contract concluded between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is Iserlohn.